Illinois Grant of Easement for Light and Air

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US-01170BG
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Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Keywords: Illinois Grant of Easement for Light and Air, types, detailed description, regulations, legal document A Grant of Easement for Light and Air is a legal document that grants specific rights and permissions to the owner of a property regarding the access, circulation, and utilization of natural light and air. In the state of Illinois, this type of easement is governed by specific regulations and can vary in terms of its types and specific requirements. One type of Illinois Grant of Easement for Light and Air is the Solar Access Easement. This easement is designed to address the protection of solar access and ensure that a property owner's ability to receive sunlight is not obstructed by neighboring properties or future developments. It grants the property owner the right to maintain adequate access to natural light for solar energy or other related purposes. Another type of Grant of Easement for Light and Air in Illinois is the View Easement. This easement focuses on the preservation and enjoyment of scenic views from a specific property. It prevents structures or developments that may obstruct the view from being built or expanded. These types of easements are usually created by written agreements between the property owner and the party granting the easement. The agreement outlines the specific terms, restrictions, and obligations associated with the easement. It is essential to consult with a legal professional experienced in real estate law to ensure all necessary provisions are included and adhered to. Illinois Grant of Easement for Light and Air may include restrictions on construction height, density, placement of structures, and vegetation maintenance to prevent any obstruction or limitation in the access to natural light and air. These easements are put in place to protect the rights and benefits of the property owner and to maintain the overall aesthetics and value of the property. It is important to note that any changes or alterations to the Grant of Easement for Light and Air require written consent from the parties involved and, in some cases, may require legal approval from the local authorities or relevant governing bodies. In summary, an Illinois Grant of Easement for Light and Air is a legal document that safeguards a property owner's right to access and enjoy natural light and air. Different types of easements, such as Solar Access and View easements, exist to protect specific aspects related to light and air access. These easements outline specific restrictions, rights, and obligations and are vital in maintaining the overall aesthetic and value of the property. Consulting with a legal professional when creating or modifying such easements is essential to ensure compliance with all regulations and requirements.

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An easement allows another person the right to use your land for a specific purpose. The most usual easements are those granted to public utility or telephone companies to run lines on or under your private property and to neighboring houses to use a common driveway to give access to their home.

Illinois law recognizes an easement by necessity as one of the two types of an implied easement (along with an easement arising from a pre-existing use). An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property.

To establish an easement by prescription, the use in question must occur for 20 years, and be adverse, uninterrupted, exclusive, continuous, and under a claim of right. Pobuda, 2014 IL 116717 at ¶ 28.

A presumed easement, or an easement by prescription, can be created based on physical use of property over time. A party claiming a prescriptive easement must provide evidence possession that is open, uninterrupted, continuous, exclusive, and adverse for a period of 20 years.

Easements of not less than 15 feet in width shall be provided in front of all lots for sanitary sewer, water and other utilities.

Illinois adverse possession laws require claimants to occupy a given property for at least 20 years and either "color or title" or payment of property taxes for seven of those years.

Different jurisdiction may have different rules and regulation with regards to driveway easements. Generally, a width of 30 feet is fairly common.

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Illinois Grant of Easement for Light and Air